Filing of sedition cases when regimes change is a “disturbing trend”, the Supreme Court said on Thursday while granting protection from arrest to the suspended Director of Chhattisgarh Police Academy against whom two criminal cases of sedition and amassing of disproportionate assets have been filed by the State Government.
“State of affairs in the country is sad,” said a bench headed by Chief Justice NV Ramana.
Gurjinder Pal Singh, the 1994-batch IPS officer who had served as the IG of Raipur, Durg and Bilaspur during the earlier BJP rule, was initially booked in the disproportionate assets case following raids at his premises by state’s Anti-Corruption Bureau (ACB) and Economic Offences Wing (EOW).
Another case of sedition was invoked against him later on the grounds of his alleged involvement in promoting enmity and hatching a conspiracy against the Government.
The bench expressed displeasure over the trend of filing of sedition cases just after senior advocate FS Nariman made opening submissions on behalf of Singh, saying “the gentleman has served as the Additional Director General of Police (ADGP) and was acting as the Director of the Police Academy and now the proceedings under section 124A (sedition) of the IPC have been initiated against him”.
“This is a very disturbing trend in the country and the police department is also responsible for this... When a political party is in power, police officials take the side of the particular (ruling) party.
“Then when another new party comes into power, the government initiates action against the police officials. This needs to be stopped,” it said.
The bench, which also comprised Justice Surya Kant, directed the Congress-led state government not to arrest Singh till further orders in either of the cases.
“Issue notice in both the matters returnable after four weeks. Learned Senior counsel appearing for the State of Chhattisgarh accept and waive formal notice on behalf of the said State. In the meantime, the State is directed not to arrest the petitioner in both the matters until further orders.
“The petitioner is directed to participate in the inquiry/investigation and fully cooperate with the investigating agency without fail,” the bench said in the order.
The State Government was represented by senior advocates Mukul Rohatgi and Rakesh Dwivedi and lawyer Sumeer Sodhi. At the outset, Nariman said the issue of custodial interrogation of the police officer does not arise as the charge sheet has already been filed.
The officer was once called by the present Chief Minister and asked to help in taking action against the former Chief Minister, he said. Senior advocate Mukul Rohatgi, appearing for the state government, opposed Singh’s plea saying that he had been the head of the police academy in the state and “look at his conduct, he has been absconding”.
“No relief such as protection from arrest should be granted to him,” Rohatgi argued.
“We will consider the sedition case. This is a very disturbing trend and the police department itself is responsible for this... Do not say this that your client (Singh) was fair, your client must have acted as per the directions of the government of the day...,” the bench observed.